The Supreme Court reversed the 2-1 decision of the Third Circuit in FAIR v. Rumsfeld.

Most interestingly, the unanimous court suggests that Congress could have unconditionally required campus military recruiting under Article I Section 8 of the Constitution. Instead, Congress enacted the Solomon Amendment, which ties military recruiter access to a college's receipt of federal funds.

I wonder if Congress will consider additional legislation based on this court's view of Article I Section 8?

Flares commenter CF and University of Wisconsin Law Professor Ann Althouse both commend the Chief Justice on his clearly written opinion. CF recommends: "If you've a high school student at home, you might want to hand it to him/her to read."

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comments:

It seems to me that the failure of FAIR to persuade even one SCOTUS justices is all you need to know about the litigaton prowess and legal judgment of the professors who supported and ran that organization.

Keep in mind that these folks are top notch, highly paid and credentialed professors in the best law schools in the country.

But the next time you see a letter from this group opposing a nominee of a Rebublican president, or supporting a nominee of a Democrat president, or decrying some policy or other, remember this case. Eight to zero. A skunking.